The "New Environmental Protection Law" has made relevant provisions on the situation that environmental impact assessment documents of construction projects or environmental impact assessment documents are started without approval. The specific terms are as follows:
Article 61 If a construction unit fails to submit the environmental impact assessment document of a construction project according to law or starts construction without approval, the supervision and administration department of environmental protection shall order it to stop construction, impose a fine, and may order it to be restored to its original state.
Article 63 If an enterprise, institution or other producer or operator commits one of the following acts, which does not constitute a crime, it shall be punished in accordance with the provisions of relevant laws and regulations, transferred to the public security organ by the competent department of environmental protection of the people's government at or above the county level or other relevant departments, and the directly responsible person in charge and other directly responsible personnel shall be detained for more than 10 days and less than 15 days; If the circumstances are relatively minor, they shall be detained for not less than five days but not more than ten days: (1) The construction project fails to conduct environmental impact assessment according to law and is ordered to stop construction and refuses to implement it;
Two. People's Republic of China (PRC) Water Pollution Prevention and Control Law
The Law on the Prevention and Control of Water Pollution stipulates that cage culture is prohibited in the first-class protection zone of drinking water sources:
Article 65 stipulates that cage culture, tourism, swimming, fishing or other activities that may pollute drinking water bodies are prohibited in the first-class protected areas of drinking water sources.
Article 66 stipulates that it is forbidden to build, rebuild or expand construction projects that discharge pollutants in the secondary protection zones of drinking water sources; The people's governments at or above the county level shall order the completed construction projects that discharge pollutants to be dismantled or closed. Those who engage in cage culture, tourism and other activities in the secondary protection zone of drinking water sources shall take measures in accordance with the provisions to prevent the pollution of drinking water bodies.
Article 91 stipulates that those who engage in cage culture or organize tourism, fishing and other activities that may pollute drinking water in the first-class protection zone of drinking water sources shall be ordered by the competent environmental protection department of the local people's government at or above the county level to stop the illegal act and be fined from 20,000 yuan to 100,000 yuan. Individuals who swim, fish or engage in other activities that may pollute drinking water in the first-class protection zone of drinking water sources shall be ordered by the competent environmental protection department of the local people's government at or above the county level to stop the illegal act and may be fined below 500 yuan.
Three. People's Republic of China (PRC) Fisheries Law
The Fisheries Law stipulates the issuance of aquaculture licenses and the investigation and handling of fishery pollution accidents. At present, the cage fish culture certificate in Longlin County is issued by the fishery department on behalf of the county government.
Article 11 of the Fisheries Law stipulates that if a unit or individual uses the waters and beaches owned by the whole people as determined by the state plan for aquaculture, the user shall apply to the fishery administrative department of the local people's government at or above the county level, and the people's government at the corresponding level will issue a aquaculture license to allow it to use the waters and beaches for aquaculture production.
Article 36 stipulates that people's governments at all levels shall take measures to protect and improve the ecological environment of fishery waters and prevent pollution. The supervision and management of the ecological environment of fishery waters and the investigation and handling of fishery pollution accidents shall be carried out in accordance with the relevant provisions of the Law of the People's Republic of China on the Protection of Marine Environment and the Law of People's Republic of China (PRC) on the Prevention and Control of Water Pollution.
Article 40 stipulates that those who engage in aquaculture production in waters owned by the whole people without obtaining a aquaculture license according to law shall be ordered to make corrections, reissue a aquaculture license or dismantle aquaculture facilities within a time limit. Those who engage in aquaculture production in waters owned by the whole people without obtaining a aquaculture license according to law or beyond the scope permitted by the aquaculture license, which hinders shipping and flood discharge, shall be ordered to dismantle aquaculture facilities within a time limit and may be fined less than 1 10,000 yuan.
Article 47 stipulates that those who cause ecological environment damage or fishery pollution accidents in fishery waters shall be investigated for legal responsibility in accordance with the Law of the People's Republic of China on the Protection of Marine Environment and the Law of People's Republic of China (PRC) on the Prevention and Control of Water Pollution.
In addition, Article 37 of the Measures for the Implementation of the People's Republic of China (PRC) Fisheries Law in Guangxi Zhuang Autonomous Region stipulates that those who engage in aquaculture production in waters and beaches owned by the whole people without obtaining the aquaculture license according to law or beyond the scope permitted by the aquaculture license, which hinders navigation and flood discharge, will be ordered to dismantle the aquaculture facilities within a time limit and be fined.
Four. Law of the People's Republic of China on Environmental Impact Assessment
According to the Environmental Impact Assessment Law of the People's Republic of China, the construction project fails to handle the EIA approval documents:
Article 25 stipulates that if the environmental impact assessment document of a construction project has not been examined by the examination and approval department according to law or has not been approved after examination, the construction unit shall not start construction.
Article 31 stipulates that if a construction unit fails to submit the environmental impact report and report form of a construction project for approval according to law, or fails to re-submit or re-examine the environmental impact report and report form in accordance with the provisions of Article 24 of this Law, the competent administrative department of environmental protection at or above the county level shall order it to stop construction, and impose a fine of 1% but not more than 5% of the total investment of the construction project according to the illegal circumstances and harmful consequences, and may order it to make restitution; The person in charge directly responsible for the construction unit and other directly responsible personnel shall be given administrative sanctions according to law.
If the construction unit starts construction without the approval of the environmental impact report and report form of the construction project or re-examination by the original examination and approval department, it shall be punished in accordance with the provisions of the preceding paragraph.
If the construction unit fails to file the environmental impact registration form of the construction project according to law, the competent administrative department of environmental protection at or above the county level shall order the filing and impose a fine of not more than 50,000 yuan.
Verb (abbreviation of verb) Regulations on environmental protection management of construction projects
In the Regulations on the Management of Environmental Protection of Construction Projects, there are relevant provisions on the approval documents for environmental impact assessment of construction projects that have not been handled:
Article 9 stipulates that for a construction project that should prepare an environmental impact report and an environmental impact report form according to law, the construction unit shall submit the environmental impact report and the environmental impact report form to the competent administrative department of environmental protection with the power of examination and approval before the start of construction; If the environmental impact assessment document of a construction project has not been examined by the examination and approval department according to law or has not been approved after examination, the construction unit shall not start construction.
Article 21 stipulates that a construction unit shall be punished in accordance with the Environmental Impact Assessment Law of the People's Republic of China if it commits one of the following acts: (1) The environmental impact report and the environmental impact report form of a construction project are started without approval or re-examination according to law; (two) the environmental impact report and the environmental impact report form of the construction project are started without approval or re-examination; (three) the registration form of the environmental impact of the construction project is not filed according to law.
Classification management catalogue of environmental impact assessment of intransitive verb construction projects
The Catalogue for Classified Management of Environmental Impact Assessment of Construction Projects stipulates that freshwater aquaculture does not need to prepare a report. If it belongs to aquaculture such as cages and purse seines or involves environmentally sensitive areas such as nature reserves, scenic spots, world cultural and natural heritage sites, special marine reserves and drinking water source protection areas, it is necessary to prepare a report form; Other circumstances that require the preparation of a registration form.
Seven. People's Republic of China (PRC) water law
The Water Law of People's Republic of China (PRC) and the National Water Law do not make specific provisions on cage fish culture, but only stipulate in Article 26 that the construction of hydropower stations should protect the ecological environment and take into account the needs of flood control, water supply, irrigation, shipping, bamboo and wood exile and fishery.